84 Tenn. 498 | Tenn. | 1886
delivered the opinion of the court.
Smith recovered a judgment, upon the verdict of a jury, in the circuit court of Shelby county, for $1,250,
The court charged, in effect, that if the theory of defendant was true, they should acquit. The court also charged, that where the relation of passenger and carrier exists, it is the duty of the carrier to protect the passenger from injuries and wrongs, committed either by its own employes and officers, or by third persons. The court also charged that it was the duty of the passenger to conduct himself peacefully
The Referees-recommend the affirmance of the judgment, and defendant excepted. The first exception is, that the Referees erred in holding that “a verdict will not be disturbed where there is any evidence to sustain it,” as being too broad. The Referees do use the language quoted, but they further say -there is sufficient evidence to sustain the verdict, and refuse, for this reason, to disturb the verdict. We think the record sustains their action. The second exception is, that the mate’s visit to the deck-room was to remove the deck passengers from the freight there, and this was accomplished' before any assault was made by the mate. And it is insisted that the injury was not inflicted .in the removal of the plaintiff from the freight, and therefore not in the performance of his duty as servant, and the defendant can not be held for exemplary damages. The court had charged that upon the contract count: plaintiff could -not recover exemplary damages, but that the jury might, under the second count, if they found that the mate of the defendant, while having charge of the vessel, committed an assault upon plaintiff, a passenger, not in his own defense, and that' the blow which injured the plaintiff
In the opinion of Justice Clifford, of the Supreme Court of the United States, sitting in United States Circuit Court, Rhode Island District, it is said, the principles of law applicable to the relations' of- master and servant do not fully define the rights, duties and obligations between carriers and their passengers. The carrier agrees to carry for hire, the passenger, from one place to another, and is responsible for any breach of the .obligation he assumed in the ill-treatment of the passenger, by himself or employes. And -in the ease cited, it was held that a clerk of a steamer, on one of her regular trips,' getting into a dispute with one of the passengers and inflicting personal injuries upon him, the owner was liable, and this would be so irrespective of the dispute, and as if none had arisen, although defendant did not authorize the acts of his employe.
Exemplary damages in actions for torts are given where fraud, malice, gross negligence or oppression
The fourth exception as to error in the charge of the court, has already been disposed of. The fifth and last, that the verdict is excessive, we do not think is sustained by the record. The jury might have rendered a different verdict upon the conflicting evidence. But there was certainly abundant evidence to sustain the verdict rendered.
The exceptions to the report will be disallowed, and the judgment will be affirmed.